Offc Action Outgoing

United States Patent and Trademark Office (USPTO)

Office Action (Official Letter) About Applicant’s Trademark Application

 

 

 

NONFINAL OFFICE ACTION

 

The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned.  Respond using the Trademark Electronic Application System (TEAS).  A link to the appropriate TEAS response form appears at the end of this Office action. 

 

 

Issue date:  March 23, 2022

 

 

The assigned examining attorney has reviewed the referenced application and determined the following.

 

SEARCH OF OFFICE RECORDS

 

The Office records have been searched and no similar registered or pending mark has been found that would bar registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d).  TMEP §704.02.

 

INFORMALITIES

 

Applicant must respond to the following informalities:

 

Entity Information

 

The application identifies applicant as an “international business company,” which is not acceptable as an entity designation in the United States because there is no clear U.S. equivalent legal entity and the entity designation does not appear in Appendix D of the Trademark Manual of Examining Procedure.  See TMEP §803.03(i).  Applicant must indicate the U.S. equivalent of its legal entity or provide a description of the nature of the foreign entity.  See 37 C.F.R. §§2.32(a)(3), 2.61(b); TMEP §803.03(i).

 

If applicant is a “Limited Company” under Commonwealth law, applicant may so state.

 

Identification of Goods – Class 1

 

The identification of goods is unacceptable as indefinite.  Applicant may adopt the following identification, if accurate:  Fatty acid esters for industrial purposes; fatty acids for industrial purposes; glycerine for industrial purposes; palm fatty acid distillate (PFAD) for industrial purposes; palm methyl esters (PME) for industrial purposes; palm stearin for industrial purposes; stearic acids  (International Class 1).  TMEP §1402.01.

 

Identification of Goods – Class 4

 

The identification of goods is unacceptable as indefinite.  Applicant may adopt the following identification, if accurate:  Biodiesel fuel; palm oil for use as industrial oil; crude oil for use as industrial oil; palm oil, refined, for use as industrial oil; palm kernel oil, crude, for use as industrial oil; palm kernel oil, refined, for use as industrial oil; palm olein for use as industrial oil; palm oil, palm olein and palm stearin for use as industrial oil; palm kernel oil, palm kernel olein and palm kernel stearin for use as industrial oil (International Class 4).  TMEP §1402.01.

 

Identification of Goods – Class 29

 

The identification of goods is unacceptable as indefinite.  Applicant may adopt the following identification, if accurate:  Blended edible oil; blended oils and fats for food; blended vegetable fat for food; blended vegetable oil for food; cocoa butter equivalent made from palm oil and non-dairy for food; cocoa butter substitute for food; edible fat for use in baking; edible fat for use in confectionery; edible oil and fat and all emulsions thereof; edible oil and fat and emulsion products made from vegetable oil and water; emulsified vegetable fat; food products consisting primarily of edible fat; food products consisting primarily of edible oil; food spread being a blend of edible oil and edible fat; edible frying fat for food; edible frying oil for food; edible hydrogenated coconut oil; hydrogenated fats for food; hydrogenated palm fat for food; hydrogenated palm kernel fat for food; hydrogenated palm kernel oil for food; hydrogenated palm kernel olein for food; hydrogenated palm kernel stearin for food; hydrogenated palm oil for food; hydrogenated palm olein for food; hydrogenated palm stearin for food; hydrogenated vegetable fat for food; hydrogenated vegetable oil for food; margarine; palm kernel oil for food; palm kernel olein for food; palm kernel stearin for food; palm oil for food; palm olein for food; palm stearin for food; shortening; vegetable oil and fat for food  (International Class 29).  TMEP §1402.01.

 

Identification of Goods – Class 31

 

The identification of goods is unacceptable as indefinite.  Applicant may adopt the following identification, if accurate:  Animal fattening preparations, namely, mash for fattening livestock; animal foodstuffs; cattle food; marc being unprocessed fruit residue; fresh palm fruits; fish and peanut meal for animal consumption (International Class 31).  TMEP §1402.01.

 

Recitation of Services – Class 35

 

The recitation of services is unacceptable as indefinite.  The semicolons make it unclear whether goods or services are being claimed.  Applicant may adopt the following identification, if accurate:  Business management; business administration; advertising and marketing; wholesale distributorships featuring fatty acid esters, other than for pharmaceutical purposes for use in machining, aluminum rolling, sawing, cutting, food emulsification, mold release agents, cosmetics, additives in animal feed, additives in pharmaceuticals, infant nutrition plastic processing, and as an intermediate or surfactant for lotions, gels, creams, oils, shampoos, and moisturizers; wholesale distributorships featuring fatty acids for use in plastic processing, food emulsification, tires, organic waxes, candles, animal feed, plastic stabilization, mold release agents, lubricants, agricultural wetting agents, textiles, flavoring, fragrances, soaps, coating, painting, and excipients in pharmaceuticals; wholesale distributorships featuring glycerine for industrial purposes for use in the manufacture of food emulsifiers, mold release agents, moisturizers, chewing gum, painting and coating, carrier fluids, and raw material for fatty ester; wholesale distributorships featuring palm fatty acid distillate (PFAD), other than for pharmaceutical purposes for use in animal feed, soaps, candle waxes, and biofuel manufacturing; wholesale distributorships featuring palm methyl esters (PME), other than for pharmaceutical purposes for use in biofuel, lubricants, replacing petroleum solvents in the painting and coating industry, plastic processing, and surfactants; wholesale distributorships featuring palm stearin as raw materials for industrial use purposes for use in raw material for fatty acid (stearic acid) production, animal feed, waxes, mold release agents, and soaps; wholesale distributorships featuring stearic acids; wholesale distributorships featuring biodiesel fuel; wholesale distributorships featuring palm oil for use as industrial oil; wholesale distributorships featuring crude oil for use as industrial oil; wholesale distributorships featuring palm oil, refined, for use as industrial oil; wholesale distributorships featuring palm kernel oil, crude, for use as industrial oil; palm kernel oil, refined, for use as industrial oil; wholesale distributorships featuring palm olein for use as industrial oil; wholesale distributorships featuring palm oil, palm olein and palm stearin; wholesale distributorships featuring palm kernel oil, palm kernel olein and palm kernel stearin; wholesale distributorships featuring esters of fatty acids for use as a drug delivery agents with pharmaceutical preparations; food esters for pharmaceutical purposes; wholesale distributorships featuring glycerine for medical purposes; wholesale distributorships featuring blended edible oil; wholesale distributorships featuring blended edible oils and fats; wholesale distributorships featuring blended vegetable fat; wholesale distributorships featuring blended vegetable oil; wholesale distributorships featuring cocoa butter equivalent made from palm oil, palm kernel oil or its fractions; wholesale distributorships featuring cocoa butter substitute; wholesale distributorships featuring edible fat for use in baking; wholesale distributorships featuring edible fat for use in confectionery; wholesale distributorships featuring edible oil and fat and all emulsions thereof; wholesale distributorships featuring edible oil and fat and emulsion products made from vegetable oil and water; wholesale distributorships featuring emulsified vegetable fat; wholesale distributorships featuring food products containing principally edible fat, namely, baking fat, coating fat, confectionery fat, frying fats, shortening and vegetable ghee; wholesale distributorships featuring food products containing principally edible oil, namely, baking fat, coating fat, confectionery fat, frying fats, margarine, shortening, vegetable ghee and butter oil substitute; wholesale distributorships featuring food spread being a blend of edible oil and edible fat; wholesale distributorships featuring frying fat, frying oil, hydrogenated coconut oil, hydrogenated fats, hydrogenated palm fat, hydrogenated palm kernel fat, hydrogenated palm kernel oil for food, hydrogenated palm kernel olein for food, hydrogenated palm kernel stearin for food, hydrogenated palm oil for food, hydrogenated palm olein for food, hydrogenated palm stearin for food, hydrogenated vegetable fat, hydrogenated vegetable oil, margarine, palm kernel oil for food, palm kernel olein for food, palm kernel stearin for food, palm oil for food, palm olein for food, palm stearin for food, shortening, vegetable oil and fat for food  (International Class 35).  TMEP §1402.01.

 

Recitation of Services – Class 40

 

The recitation of services is unacceptable as indefinite.  Applicant may adopt the following identification, if accurate:  Refining of palm oil; processing of oil and oil products; food processing of edible oil and edible fats; food processing of palm oil to produce olein, stearin, fatty acid, margarine and shortening; food processing of olein, stearin, fatty acid, margarine and shortening; processing of agricultural grains; processing of feed additive; milling of agricultural products; food processing, namely, separation of agricultural products into its component parts; food processing, namely, palm kernel crushing  (International Class 40).  TMEP §1402.01.

 

Goods and Services Advisories

 

Applicant’s goods and/or services may be clarified or limited, but may not be expanded beyond those originally itemized in the application or as acceptably amended.  See 37 C.F.R. §2.71(a); TMEP §1402.06.  Applicant may clarify or limit the identification by inserting qualifying language or deleting items to result in a more specific identification; however, applicant may not substitute different goods and/or services or add goods and/or services not found or encompassed by those in the original application or as acceptably amended.  See TMEP §1402.06(a)-(b).  The scope of the goods and/or services sets the outer limit for any changes to the identification and is generally determined by the ordinary meaning of the wording in the identification.  TMEP §§1402.06(b), 1402.07(a)-(b).  Any acceptable changes to the goods and/or services will further limit scope, and once goods and/or services are deleted, they are not permitted to be reinserted.  TMEP §1402.07(e).

 

For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual.  See TMEP §1402.04.

 

Applicant’s Response

 

Guidelines for responding are set forth below. 

 

How to respond.  Click to file a response to this nonfinal Office action.    

 

/wgb/

William Breckenfeld

Examining Attorney

Law Office 116

571-272-9133

Email: william.breckenfeld@uspto.gov

informal queries

 

 

RESPONSE GUIDANCE

• Missing the response deadline to this letter will cause the application to abandon.  A response or notice of appeal must be received by the USPTO before midnight Eastern Time of the last day of the response period.  TEAS and ESTTA maintenance or unforeseen circumstances could affect an applicant’s ability to timely respond.  

 

• Responses signed by an unauthorized party are not accepted and can cause the application to abandon.  If applicant does not have an attorney, the response must be signed by the individual applicant, all joint applicants, or someone with legal authority to bind a juristic applicant.  If applicant has an attorney, the response must be signed by the attorney.

 

• If needed, find contact information for the supervisor of the office or unit listed in the signature block.

 

United States Patent and Trademark Office (USPTO)

 

USPTO OFFICIAL NOTICE

 

Office Action (Official Letter) has issued

on March 23, 2022 for

U.S. Trademark Application Serial No. 90802926

 

A USPTO examining attorney has reviewed your trademark application and issued an Office action.  You must respond to this Office action in order to avoid your application abandoning.  Follow the steps below.

 

(1)  Read the Office action.  This email is NOT the Office action.

 

(2)  Respond to the Office action by the deadline using the Trademark Electronic Application System (TEAS).  Your response must be received by the USPTO on or before 11:59 p.m. Eastern Time of the last day of the response period.  Otherwise, your application will be abandoned.  See the Office action itself regarding how to respond.

 

(3)  Direct general questions about using USPTO electronic forms, the USPTO website, the application process, the status of your application, and whether there are outstanding deadlines to the Trademark Assistance Center (TAC).

 

After reading the Office action, address any question(s) regarding the specific content to the USPTO examining attorney identified in the Office action.

 

 

GENERAL GUIDANCE

·         Check the status of your application periodically in the Trademark Status & Document Retrieval (TSDR) database to avoid missing critical deadlines.

 

·         Update your correspondence email address to ensure you receive important USPTO notices about your application.

 

·         Beware of trademark-related scams.  Protect yourself from people and companies that may try to take financial advantage of you.  Private companies may call you and pretend to be the USPTO or may send you communications that resemble official USPTO documents to trick you.  We will never request your credit card number or social security number over the phone.  And all official USPTO correspondence will only be emailed from the domain “@uspto.gov.”  Verify the correspondence originated from us by using your Serial Number in our database, TSDR, to confirm that it appears under the “Documents” tab, or contact the Trademark Assistance Center.

 

·         Hiring a U.S.-licensed attorney.  If you do not have an attorney and are not required to have one under the trademark rules, we encourage you to hire a U.S.-licensed attorney specializing in trademark law to help guide you through the registration process.  The USPTO examining attorney is not your attorney and cannot give you legal advice, but rather works for and represents the USPTO in trademark matters.